AB 2257, as amended, Maienschein. Local agency meetings: agenda: online posting.
The Ralph M. Brown Act enables the legislative body of a local agency to call both regular and special meetings. The act requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agency’s Internet Web site, if the local agency has one.
This bill would require an online posting of an agenda by a local agency to have a prominent direct link to the current agenda itself. The bill would require the link to be on the local agency’s Internet Web site homepage, not in a contextual menu on the homepage, and would require the agenda to be posted in an open format that meets specified requirements, including that the agenda is platform independent and machine readable.begin insert The bill would make these provisions applicable on and after January 1, 2019.end insert
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 54954.2 of the Government Code is
2amended to read:
(a) (1) At least 72 hours before a regular meeting,
4the legislative body of the local agency, or its designee, shall post
5an agenda containing a brief general description of each item of
6business to be transacted or discussed at the meeting, including
7items to be discussed in closed session. A brief general description
8of an item generally need not exceed 20 words. The agenda shall
9specify the time and location of the regular meeting and shall be
10posted in a location that is freely accessible to members of the
11public and on the local agency’s Internet Web site, if the local
12agency has one. If requested, the agenda shall be made available
13in appropriate alternative formats to persons with a disability, as
14required by Section
202 of the Americans with Disabilities Act of
151990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
16adopted in implementation thereof. The agenda shall include
17information regarding how, to whom, and when a request for
18disability-related modification or accommodation, including
P3 1auxiliary aids or services, may be made by a person with a
2disability who requires a modification or accommodation in order
3to participate in the public meeting.
4
(2) On and after January 1, 2019, the following provisions shall
5apply:
6(A) An online posting of an agenda shall be posted on the local
7agency’s homepage accessible through a prominent, direct link to
8the current agenda.
9(B) The direct link to the agendabegin delete requiredend delete shall not be in a
10contextual menu.
11(C) The agenda shall be posted in an open format that meets all
12of the following requirements:
13(i) Retrievable, downloadable, indexable, and electronically
14searchable by commonly used Internet search applications.
15(ii) Platform independent and machine readable.
16(iii) Available to the public free of charge and without any
17restriction that would impede the reuse or redistribution of the
18public record.
19(D) The requirements of subparagraphs (A), (B), and (C) shall
20be deemed satisfied if the legislative body of a board, commission,
21or agency of a county, city, whether general or chartered, city and
22county, town, school district, municipal corporation, district, or
23political subdivision posts an agenda, in compliance with
24subparagraphs (A), (B), and (C), on the homepage of the board,
25commission, or agency. Subparagraphs (A), (B), and (C) shall not
26be construed to require the agenda for a meeting of a board,
27commission, or agency to be posted on the homepage of the local
28agency that created the board, commission, or agency.
29(2)
end delete
30begin insert(3)end insert No action or discussion shall be undertaken on any item not
31appearing on the posted agenda, except that members of a
32legislative body or its staff may briefly respond to statements made
33or questions posed by persons exercising their public testimony
34rights under Section 54954.3. In addition, on their own initiative
35or in response to questions posed by the public, a member of a
36legislative body or its staff may ask a question for clarification,
37make a brief announcement, or make a brief report on his or her
38own activities. Furthermore, a member of a legislative body, or
39the body itself, subject to rules or procedures of the legislative
40body, may provide a reference to staff or other resources for factual
P4 1information, request staff to report back to the body at a subsequent
2meeting concerning any matter, or take action to direct staff to
3place a matter of business on a future agenda.
4(b) Notwithstanding subdivision (a), the legislative body may
5take action on items of business not appearing on the posted agenda
6under any of the conditions stated below. Prior to discussing any
7item pursuant to this subdivision, the legislative body shall publicly
8identify the item.
9(1) Upon a determination by a majority vote of the legislative
10body that an emergency situation exists, as defined in Section
1154956.5.
12(2) Upon a determination by a two-thirds vote of the members
13of the legislative body present at the meeting, or, if less than
14two-thirds of the members are present, a unanimous vote of those
15members present, that there is a need to take immediate action and
16that the need for action came to the attention of the
local agency
17subsequent to the agenda being posted as specified in subdivision
18(a).
19(3) The item was posted pursuant to subdivision (a) for a prior
20meeting of the legislative body occurring not more than five
21calendar days prior to the date action is taken on the item, and at
22the prior meeting the item was continued to the meeting at which
23action is being taken.
24(c) This section is necessary to implement and reasonably within
25the scope of paragraph (1) of subdivision (b) of Section 3 of Article
26I of the California Constitution.
27(d) For purposes of subdivision (a), the requirement that the
28agenda be posted on the local agency’s Internet Web site, if the
29local agency has one, shall only apply to a legislative body
that
30meets either of the following standards:
31(1) A legislative body as that term is defined by subdivision (a)
32of Section 54952.
33(2) A legislative body as that term is defined by subdivision (b)
34of Section 54952, if the members of the legislative body are
35compensated for their appearance, and if one or more of the
36members of the legislative body are also members of a legislative
37body as that term is defined by subdivision (a) of Section 54952.
The Legislature finds and declares that Section 1 of
39this act, which amends Section 54954.2 of the Government Code,
40furthers, within the meaning of paragraph (7) of subdivision (b)
P5 1of Section 3 of Article I of the California Constitution, the purposes
2of that constitutional section as it relates to the right of public
3access to the meetings of local public bodies or the writings of
4local public officials and local agencies. Pursuant to paragraph (7)
5of subdivision (b) of Section 3 of Article I of the California
6Constitution, the Legislature makes the following findings:
7It is in the public interest to ensure that members of the public
8can easily and quickly
find and access meeting agendas on the
9Internet homepage of local agencies.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district under this act would result from a legislative mandate that
14is within the scope of paragraph (7) of subdivision (b) of Section
153 of Article I of the California Constitution.
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